You are on page 1of 36

November 2010

Human Source Development
November 2010
Volume 79
Number 11
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
Robert S. Mueller III
Director
Contributors’ opinions and statements Features
should not be considered an
endorsement by the FBI for any policy,
program, or service.
The attorney general has determined Proactive Human Law enforcement investigators must
that the publication of this periodical
is necessary in the transaction of the
public business required by law. Use
Source Development
By Robin K. Dreeke and
1 proactively develop confidential
human sources.
of funds for printing this periodical has
been approved by the director of the Kara D. Sidener
Office of Management and Budget.
The FBI Law Enforcement Bulletin
(ISSN-0014-5688) is published
monthly by the Federal Bureau of Policing Liquor One proven method of making a
Investigation, 935 Pennsylvania
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
Establishments
By John L. Gray
14 community safer involves attacking
the locations of crime and disorder.
at Washington, D.C., and additional
mailing offices. Postmaster:
Send address changes to Editor,
FBI Law Enforcement Bulletin,
FBI Academy,
Quantico, VA 22135. Supreme Court Cases A number of Supreme Court
Editor
John E. Ott
2009-2010 Term
By Lisa A. Baker
21 decisions of particular importance to
law enforcement are summarized.
Associate Editor
David W. MacWha
Stephanie Mitesser
Art Director
Stephanie L. Lowe

The Training Division’s Departments
Outreach and Communications Unit
produces this publication with
assistance from the division’s
National Academy Unit. 10 Police Practice 20 Leadership Spotlight
Issues are available online at Community-Oriented Lessons from the
http://www.fbi.gov.
Policing in a Recession Living Room
E-mail Address
leb@fbiacademy.edu
19 Bulletin Honors 32 Bulletin Report
Cover Photo Contra Costa County, Gang Survey
© Thinkstock.com
California
Send article submissions to Editor,
FBI Law Enforcement Bulletin,
FBI Academy,
Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310
Proactive
Human Source
Development
By ROBIN K. DREEKE and KARA D. SIDENER
© Thinkstock.com

or years, many local, by reacting to this information, of information needed while

F state, and federal law
enforcement agencies
have employed tried-and-true
as well as by receiving details
from Good Samaritans who
felt it their civic duty to step
reacting to new details gleaned
through investigation. But, as
law enforcement profession-
methods for investigating and forward. als encounter more complex
solving both large and small In today’s society and investigations in the areas of
cases. Most of these approaches law enforcement climate, terrorism, cyber crime, and
relied on identifying human investigators need to adapt and counterintelligence, reacting to
sources and witnesses derived update this model. In main- new investigative information
from investigative case infor- stream investigative work, this is simply not good enough. By
mation. Law enforcement per- methodology remains effec- the time organizations develop
sonnel found these individuals tive for developing the kind the information that may lead to

November 2010 / 1
a specific individual, it may be and develop a quality human a confidential human source.
too late. A terrorist attack could source base identified by solid Having to get in front of the
have happened, financial losses investigative work. It is widely criminals is not a new problem
from a major cyber intrusion accepted that no great case will for law enforcement; rather,
may have occurred, or classified be made without a great human the authors offer a refreshing
national security information source. However, law enforce- approach to an ever-increasing
may have reached a foreign ment organizations need to shift demand to prevent violence,
adversary. The challenge of their focus by emphasizing a which—to do so—requires
countering these threats and more proactive approach to effective human sources.
avoiding the messy cleanup in source development. Instead of
their aftermath is to proactively employing a reactive mental- The Situation
develop a confidential human ity, they must look for sources Susan Clark, a seasoned
source base to help thwart of information before crimes agent, has been assigned to a
individuals and groups that do occur. This leads to the stress- joint terrorism task force for
not hold the best interests of ful question for both veteran the past 10 years. During her
the United States or its allies in officers and new hires, “Where tenure, she has had some solid
their thoughts and actions. do I find a human source with- successes and is well respected
Law enforcement train- out having a crime to tell me by both peers and managers.
ing academies and continuing where to look?” With seasoned Throughout her career, Clark
professional development law enforcement professionals has produced significant results
opportunities throughout this in short supply to share this type because she paid attention to
nation do an excellent job of of knowledge, the authors pres- details and quickly reacted to
emphasizing and teaching the ent one methodology for pro- new information as it developed
skills needed to both interview actively identifying and finding during the course of her
investigations.
Clark’s good friend and
partner, Smith, has worked on
the squad for many years, even
more than she. During their
years as partners, Smith taught
Clark a great deal about human
source development and had be-
come a true master of proactive-
ly finding and developing the
types of sources and informa-
tion needed to counter threats to
national security. Clark believed
that Smith enjoyed a high level
of success because of his sin-
Special Agent Dreeke serves Special Agent Sidener is
in the FBI’s Counterintelligence assigned to the FBI’s
cere interest in people and his
Division. Washington, D.C., office. ability to suppress his ego, two
of the strongest attributes of an

2 / FBI Law Enforcement Bulletin
effective interviewer and source
developer.
As one of the leading
investigators, Clark was asked
to join a new cyber task force
her office was forming to better
address these issues that crossed
multiple criminal and national
security programs. Looking for
a new challenge, Clark accepted
the transfer, thinking that she
could aptly adjust her tried-and-
true skills as an investigator
to counter the ever-increasing
cyber threat. After a few months
on the squad, however, she
began to feel a bit frustrated. © Thinkstock.com
Accustomed to routinely receiv-
ing tips or leads from multiple
investigative sources, Clark would rather handle the matter trends and techniques of cyber
quickly found that this did not internally and avoid any pub- criminals to proactively educate
occur. As she learned more lic disclosure. The same holds and inform others to prevent
about cyber threats, she dis- true not only in the banking such occurrences. So, Clark had
covered that the perpetrators of industry but also with defense to find a way to get out in front
these crimes are not particularly contractors, colleges and uni- of the cyber criminals.
obvious. versities, private corporations,
Hiding in technology can and nonprofit organizations. To The Guidance
be effective, making it difficult further this problem, even if Feeling somewhat over-
for law enforcement to identify cyber criminals do not succeed, whelmed by what she had
the actual criminals behind the potential victims may not share learned and beginning to miss
computers. In addition, victims how they discovered the ef- the days of inherently knowing
of cyber crimes, whether indi- forts of these perpetrators or the what to do, Clark realized the
viduals or corporations, are not activity they have observed and value of having worked with
as forthcoming as those in other identified by those attempting to Smith for years and decided
types of crimes. For example, if compromise their systems. to talk to him about how she
a major bank discovers a cyber What Clark learned from might tackle her new challenge.
intrusion, even with no appar- her colleagues with more His approach differed from
ent crime having occurred, it experience working cyber- hers, but because of a common
does not want this to become related crimes was that these objective, they brought their
common knowledge as it could cases involved more offensive mutual strengths to a problem
cause clients to lose confidence effort than defensive. The key and complemented each other.
in the bank’s ability to protect was developing relationships Clark viewed herself as a “by
their information. The bank with people who could provide the book” individual who knew

November 2010 / 3
the rules and procedures inside talents they both had for granted do I find sources with no crime
and out. Once given a piece until she found herself without to lead me to them?” Smith just
of information, no matter how his added skills. sat and listened in his patient
small, she had the tenacity for Clark walked down the hall way and kept encouraging her
running it to its logical conclu- to Smith’s office. Smith turned to talk. When she finished, he
sion and the acumen for piecing from his paperwork and said, gave her a lopsided smile and
all of the elements together to “Hey, what’s up with you?” said, “I was worried at first that
solve a case. Clark bit her lower lip and took you had a problem. This is an
On the other hand, Smith a deep breath. Smith offered her easy fix for you and me.”
was an “idea guy.” Clark would the chair he always kept next to Smith asked Clark if she
start briefing him on the details his desk for guests. She flopped ever thought about why they
of a case, and immediately all down with another sigh. Smith were so successful together. She
sorts of ideas would pop into his commented that he had not seen admitted that she had not until
she recently remembered his
ability to come up with ideas on


finding human sources. Smith
asked her if she ever consid-
Smith taught Clark a great deal ered how he came up with his
about human source development ideas. She sat back, thought
and had become a true master of for a moment, and realized
that she was starting to piece it
proactively finding and developing the together. Clark recalled that she
types of sources and information would determine the informa-
needed to counter threats tion they needed based upon
to national security. the specifics of the case. “Cor-
rect,” responded Smith, “then I


took the need you identified and
created what I thought of as the
ideal resume of an individual
head. A patient person, Smith her look so stressed in many who would know what you said
generally waited until Clark years. Clark explained that she we needed to find out.” Clark
finished and then adeptly added could not get very far on her nodded, smiled, and recounted
his thoughts about what they new squad without first proac- how he had told her to do the
should do with the case. His tively establishing a significant same thing when looking for
forte included identifying where human source base willing to her spouse by creating the
they might find human sources lend a hand. She noted the chal- ideal resume for someone she
of information and coming up lenge of the cyber-threat world thought would be a good match.
with how to further their objec- and how victim companies “The same process works
tives. Not so concerned with often are reluctant to come for- here as well,” said Smith, who
the details and administrative ward. Exasperated, Clark said, then asked what she did next.
requirements for working cases, “I just need people to tell me “Well,” said Clark, “I thought
Smith saw the “big picture.” what they’re seeing, even if no about where that type of per-
Clark had taken these natural crime has been committed. How son might enjoy socializing

4 / FBI Law Enforcement Bulletin
or hanging out.” “Excellent,” drew a pyramid-shaped flow did next. Clark explained that
said Smith, who went on to chart (figure 1). At the top, he she had looked in classified ads
explain what she knew but had wrote the words identify the and told her friends and family
yet to realize. “Once we have need inside a rectangular box. about the kind of car she want-
the ideal resume of the person He then drew an arrow straight ed. Smith said, “Great, what
we are looking for—that is, the down to a second rectangular you began doing was sensitizing
person who can fill a need or box where he wrote the words yourself and your environment
information gap—we can start ideal person/thing inside. Smith to your need. Did you start
sensitizing ourselves and our paused and said, “What kind seeing that make and model
environment to our needs and of car did you decide to pur- of vehicle everywhere?” Clark
where these individuals may chase?” Clark named the make responded that she had and that
live, work, and play.” and model and Smith asked, it seemed strange. Smith point-
Clark asked, “What do you “Why that car?” Clark replied ed out that it was not because
mean by ‘sensitizing’?” Smith that it had the proper amount of a lot of people had suddenly
replied, “You recently pur- space she needed for her family, purchased the same vehicle but
chased a new car, didn’t you?” good fuel economy, and high because Clark had sensitized
Clark furrowed her brow and safety ratings. Smith stated, herself to her designated need
gave Smith an inquisitive look “You just identified your need and started to immediately
as she responded, “Yes, so?” and then the ideal thing to fit recognize opportunities. Smith
Smith commented that it in- that need.” Smith referred Clark continued, “You then expanded
volves the same process. Smith to boxes one and two on his your sensitizing by letting your
took out a piece of paper and diagram. Smith asked what she friends and family know of
Figure 1

• Identify your need
IDENTIFY THE NEED
• Create the ideal resume

• Sensitize yourself and
your environment
IDEAL PERSON/THING
• Be open and observant
to opportunities WHERE DO THEY…

LIVE WORK PLAY

November 2010 / 5
your identified need.” Smith solid relationships will contin- we have our model started,
explained that by sensitizing her ue to grow when a quality ex- let’s take a look at your situ-
friends and family, they, in turn, change of giving and receiv- ation and start applying it to
started recognizing opportuni- ing by both parties takes place. your new challenge. What type
ties for her as well. He advised This concept is not limited to of information do you need in
that this was exactly what they material items. In fact, in most your investigations to be pro-
had done together when work- cases, giving and receiving of- active?” Clark began, “I need
ing on the terrorism task force. ten involves just our time and an individual who sees the
Clark would identify the need, listening to one another. Smith type of activity that indicates
and Smith would proactively reminded Clark of the types of someone trying to get ac-
find a source who could fill it. human sources they had devel- cess to a network, even if that
Smith said that they would oped in the past and how most person doesn’t have a specific
tackle her challenge using the of the time, they would sit for crime to report. Someone like a
network security administrator


who not only has the technical
know-how but also the access
to describe the kind of activity.
Smith reminded Clark of the types Someone who could say, ‘Yeah,
of human sources they had developed last week someone attempted
in the past and how most of the time, to hack into our network, and
they would sit for hours listening this is how they tried to do it.’
to these individuals talk about the Perhaps even someone who is
concerns and issues in their own lives. active in Web chatting or blog-
ging, following different types


of groups that may proactively
share this kind of information
with each other.” “Excellent,”
same model after she explained hours listening to these individ- Smith commented, “now that
how she eventually found the uals talk about the concerns and we know what you need, let’s
vehicle. Clark said, “A friend issues in their own lives. Clark create an ideal resume of the
who I had told about the type of said that she remembered all type of person who can give us
vehicle I wanted informed me too well how they had listened that type of information.” Clark
that her neighbor was selling to one excellent source talk for replied, “That’s easy, obviously
one.” Clark elaborated, “I was over 3 hours about the problems someone in the IT industry
so happy and thankful that my at his work when all they need- who, perhaps, came in without
friend had found the car for me ed from him took only 10 min- a 4-year degree and got it later
that I sent her a nice gift bas- utes to find out. after gaining job experience
ket.” Smith commented, “You and various computer certifica-
naturally did one of the most The Solution tions. I would bet someone who
important things we need to do Smith nodded his head, has spent time gaming, too. A
in any relationship: give when remembering that particular network or systems adminis-
receiving.” He explained that meeting, and said, “Now that trator with management and

6 / FBI Law Enforcement Bulletin
security experience and access
who could speak more openly
Ideals to Remember
with me than those not in a
management position.” Smith
quickly smiled before Clark • Exhibit selflessness, tolerance, genuineness,
even finished. She asked, “Why sensitivity, integrity, and humility.
are you smiling at me?” Smith
said, “I have someone for you • Refrain your desire to correct or improve
to meet.” anyone else with whom you are speaking.
Smith described his casual
conversation with the person
seated next to him on a recent
plane trip. He explained that
even though he often finds it
exhausting, given that he is in explaining that at the end of increase our chances of success.
the business of working with their flight, he had told the In this next step, we will come
people, he always attempts woman about his line of work up with ideas about where this
to speak with individuals he and she, in turn, had said that ideal person/thing might live,
encounters, make a favorable she had really enjoyed chatting work, and play. Once we have
impression, and find out a little with him. Then, she had stated identified some possible loca-
bit about them and where they that if he ever needed anything, tions, we again will sensitize
work. Smith did not need to just call or e-mail her. Smith our environment in those types
remind Clark of their motto, then asked Clark, “So, what of venues. For example, let’s go
“Assess everyone you meet in do you think just happened?” back to your car purchase. You
your life as a potential source.” She replied that by identifying sensitized your environment
Smith described the woman he her need and sensitizing her and your friend came up with
had met on the plane, explain- environment to that need (i.e., your solution. What would you
ing her personality and what he telling Smith the kind of source have done next if your friend
assessed as her preferred com- and information she needed hadn’t found someone selling
munication style and sharing and, in the process, externaliz- the car you wanted?” Clark
some details about where she ing her need and and expanding thought for a minute and said
grew up, her family situation, the sensitized environment), she she would have identified some
and other identifying personal had produced a result. car dealerships selling that type
information he had elicited Although extremely appre- of car. “That’s exactly right,”
during the conversation.1 Clark ciative for the great start Smith exclaimed Smith. He added
asked, “Great, how does that had given her, Clark realized that a few years back when he
help me?” Smith smiled as he that she definitely needed a few was car shopping, he had done
said, “She is the network ad- more leads to start making a exactly that: selected the type
ministrator for a major defense dent in her work. Smith said, of vehicle, identified some car
contractor right here in our “After we have sensitized our dealerships, and sensitized a
city.” Smith gave Clark the environment, we need to take few salesmen to his needs.
woman’s business card, a few more proactive steps to Within days, he had multiple

November 2010 / 7
calls and offers. “In other Clark thanked Smith for The Result
words,” said Smith, “I went taking time with her and asked A few weeks later, Smith
to where my ideal thing might him if he had any last thoughts. took a break from his work
live or work and sensitized the Smith took out a worn 3" x 5" and strolled down the hall to
environment.” card from his wallet. Clark im- Clark’s office. He had not seen
Smith turned the conversa- mediately recognized it as the her since their last conversa-
tion back to Clark’s issue and one he looked at prior to every tion and was curious about how
said, “Now that we have identi- source meeting that the two she was doing. She was not at
fied the ideal type of person, had conducted. Smith stated, her desk, but it was piled with
let’s focus on where that person “I know you know the stages a stack of newly opened files,
might work and play.” Smith of the relationship-building scribbled with notes, that ex-
asked Clark to think about what process, but it’s always good uded an overall sense of orga-
types of groups, organizations, to remind ourselves of these nized chaos that he had seen in
and clubs the individuals she ideals before we converse with their years of working together
was looking for would belong. the individuals we need to help when cases were going well.
Smith looked up to see
Clark briskly walking down


the aisle toward her desk with a
broad smile. She greeted Smith
She replied that by identifying her and stated, “Simple genius.”
need and sensitizing her environment to “Huh?” responded Smith.
that need (i.e., telling Smith the kind of Clark quickly commented
that all of the things they had
source and information she needed and, talked about were common
in the process, externalizing her need and sense but seemed like a mys-
expanding the sensitized environment), tery until thinking about them
she had produced a result. and writing them down. Clark
described how she went to the


InfraGard meeting and made a
few friends. A week later, she
received several leads and ideas
Clark sat silently for a moment us.”3 Smith then read the words from these people and many
as she thought through her selflessness, tolerance, genuine- others willing to help. She
mental lists and came up with a ness, sensitivity, integrity, and said, “I now have more work
quick match. “InfraGard meet- humility and the phrase refrain than I know what to do with. I
ings,” she exclaimed.2 “Per- your desire to correct or im- just finished speaking with our
fect,” said Smith. Clark said that prove anyone else with whom management regarding more
she would attend an upcoming you are speaking from his worn resources for our ever-increas-
meeting the following week and card. Clark thanked Smith ing workload.” “Congratula-
try to sensitize the environment for the insights and the fun of tions,” said Smith with a wry
to her need. “That sounds like a working together again and grin, “be careful what you wish
great place to start,” said Smith. went off with renewed energy. for, you might just get it.”

8 / FBI Law Enforcement Bulletin
Conclusion externalizing that need to oth- Endnotes
1
While leveraging collective ers, along with expanding the Robin K. Dreeke and Joe Navarro,
“Behavioral Mirroring in Interviewing,”
strengths is an obvious benefit environment in which we look
FBI Law Enforcement Bulletin, December
of teamwork, being able to for an answer to the need, is one 2009, 1-10.
adapt that symbiotic relation- of many ways we can proactive- 2
InfraGard is an association of
ship to different, ever-changing ly identify people who can help businesses, academic institutions, law
challenges is a talent that the us before crimes occur. It helps enforcement agencies, and other partici-
pants dedicated to sharing information
law enforcement community to articulate the need and go and intelligence to prevent hostile acts
has embraced. As law enforce- through the steps of who would against the United States. Its Web site
ment professionals, we need to be the ideal person to provide is http://www.infragard.net.
continue our efforts in proac- the information to fill that need 3
Robin K. Dreeke, “It’s All About
and then go about finding that Them: Tools and Techniques for Interview-
tively developing human sourc-
ing and Human Source Development,” FBI
es who can provide us with the person in a variety of environ- Law Enforcement Bulletin, June 2009, 1-9.
types of information that will ments (i.e., where they live,
allow us to combat crime, of work, and play). In today’s
any nature, before criminals ever-changing and challenging Readers interested in discussing
have the opportunity to act. environment, it is important for this topic can contact Special Agent
Dreeke at Robin.Dreeke@ic.fbi.gov
The methodology of law enforcement to employ as or Special Agent Sidener at Kara.
identifying a need, sensitizing many tools as possible to stay Sidener@ic.fbi.gov.
the environment, and then ahead of the criminals.

The Bulletin’s
E-mail Address
© Digital Vision
he FBI Law Enforcement Bul-
T letin staff invites you to commu-
nicate with us via e-mail. Our Internet
address is leb@fbiacademy.edu.
We would like to know your
thoughts on contemporary law en-
forcement issues. We welcome your
comments, questions, and suggestions
about the magazine. Please include
your name, title, and agency on all
e-mail messages.
Also, the Bulletin is available for
viewing or downloading on a number
of computer services, as well as the
FBI’s home page. The home page
address is http://www.fbi.gov.

November 2010 / 9
Police Practice
Preserving Community-Oriented
Policing in a Recession
By Zach Friend, M.P.P., and Rick Martinez

© Santa Cruz Police Department

W idespread budget cuts have forced
governments and law enforcement
agencies to do more with less. Many police depart-
Obtaining Funding
Community-oriented policing focuses on fos-
tering prevention, building partnerships, and es-
ments have had to lay off officers, and some have tablishing trust. It empowers community members
eliminated all prevention and education programs. to become stakeholders in their own safety and
During such tough periods, officials often find it transforms the image of an agency in the minds of
easy to go after programs that consume time and those who support it financially and otherwise—
resources—even if they yield tangible results. local elected officials, community members, and
Yet, even with a need to slash budgets, an the federal government.
important question remains. Can law enforcement For the Community Oriented Policing Services
agencies really afford to cut community-oriented (COPS) program, the U.S. Department of Justice
policing programs? For the Santa Cruz, California, awarded over $1 billion in Recovery Act money
Police Department (SCPD), which has less than intended for hiring, rehiring, or retaining offi-
100 sworn officers in a town of 56,000 residents, cers, encompassing a 3-year funding mechanism
an established community policing program saved to insulate agencies against further budget cuts.
the agency from having to fully lay off officers for But, how do departments tap into such sources of
the first time in over 140 years. money? What mechanisms can agencies create to

10 / FBI Law Enforcement Bulletin
ensure that they more likely will succeed when and can become significant allies in framing an
future opportunities arise? agency’s image. In addition, local businesses—
generally the lifeblood of a city tax base—eagerly
Establishing Community Relationships will partner with police agencies that emphasize
Public safety is both a primary responsibility of this type of outreach. Thus, a department can ben-
local government and a core expectation of com- efit by staying on top of important issues, as well
munity members. This highlights the importance as positively impacting its reputation. Officers
of agency interaction with the community. By do- become friends, neighbors, and colleagues. SCPD
ing so, officers can develop relationships and build has strived to develop and maintain relationships
trust with citizens. They can cultivate community with key stakeholders, including all sectors of the
members’ understanding of police services and business community.
procedures, as well as their involvement. Also, of-
ficers gain firsthand exposure of community con- Building Media Relationships
cerns and perceptions. Further, they increase both Police agencies must build positive relation-
the quality of the agency’s work and the amount of ships with members of the media in view of their
public support. influence on popular opin-
Establishing these re- ion and public policy. Of
lationships may be simpler course, implementing a suc-
than many people think.
Officers can start by finding
several community-minded
people interested in building
“ Preserving
community-oriented
cessful community-based
policing model will result in
more coverage. And, when
law enforcement personnel
policing in a recession
strong ties among neighbors can be accomplished, speak to the media, they re-
and with law enforcement but it will require changes ally communicate with the
regarding issues, such as a public at large. Any media
Neighborhood Watch pro-
to traditional outreach coverage of community
gram. These individuals then methods. safety issues exerts a power-
can reach out to other citi- ful influence on the public’s
zens and neighborhoods and,
with local law enforcement,
build the infrastructure for a
” perception of how the police
have addressed its needs.
Through the establish-
strong community policing program. The frame- ment of a public information officer (PIO) and
work includes informational meetings to introduce media training for management staff, SCPD has
officers to their areas of responsibility, educational strived to effectively communicate with the com-
gatherings to address specific localized problems, munity. Creating a PIO allows an agency to cen-
and management-level sessions from a broader tralize its message and to have someone who can
perspective that involve community and police focus fully on providing information to the public
leaders. and media. This position can remove a great burden
Often, upon implementation of community from supervisory staff members generally tasked
policing principles, such as holding regular meet- with this function. In addition, the PIO can handle
ings, tangential benefits arise as well. For example, communication duties at crime scenes, allowing
elected officials generally attend these events investigators to deal with the issue at hand.

November 2010 / 11
Developing Rapport with Elected Officials departmental events, ride-alongs, and commu-
Law enforcement leaders should strive to build nity meetings. Anything that develops background
solid relationships and open communication with knowledge about the agency or creates a sense
elected officials so they can educate them about the of shared mission and personal relationships will
agency’s strengths and challenges. This will help provide benefits.
government leaders make sound budgetary deci-
sions that can impact the department’s operations. Preserving Community
How can police agencies develop these rela- Policing After Cuts
tionships? They must proactively establish dia- In healthier economic times, SCPD staffed its
logue before a crisis or major budgetary decision Community Services Unit (CSU) with a manager,
arises. Department leaders can reach out to local supervisor, three patrol officers, and three com-
city council members and assume that they do munity service officers. During those fully staffed
not have a strong understanding of the agency. years, CSU hosted or attended weekly community
Whether or not police executives anticipate the meetings and hosted three citizen police acad-
support of elected officials, they still must get to emies, one designed solely for Spanish speakers.
know them individually. What are their values, life Later, budget constraints resulted in the elimina-
experiences, and background? How will those fac- tion of CSU. However, that did not end SCPD’s
tors shape their perceptions of public safety issues community outreach.
and performance? Departments can proactively Now, a handful of managers working out of
maximize opportunities for interaction through the patrol division oversee community policing
invitations to participate in, for instance, roll calls, efforts. SCPD divided patrol areas and assigned

Local youths participate in an early gang prevention program. © Santa Cruz Police Department

12 / FBI Law Enforcement Bulletin
them to police managers who ensure that citizens 1) Meet with community groups.
have a single point of contact. To preserve some 2) Establish a PIO to improve media
semblance of community policing in the depart- relations.
ment, managers partner with citizen groups to help
conduct outreach efforts, mobilize neighborhoods, 3) Communicate with elected officials proac-
and facilitate meetings. The partnership equates to tively, before a crisis.
an ad hoc community policing partnership that has 4) Implement creative procedures and policy
many strengths and provides a replacement—albeit changes that maintain community-oriented
imperfect—for the former fully funded program. policing practices.
Besides the obvious cost savings, use of citizen
groups to continue the community policing message Conclusion
helps maintain a constant level of communication Without question, police agencies must make
and partnership with the community as a whole. difficult decisions during trying budgetary times.
And, with many agencies However, the Santa Cruz Po-
transitioning from a traditional lice Department’s emphasis
field training officer (FTO) on maintaining community-
program into a police training
officer (PTO) system, innova-
tion gleaned from the PTO
program easily can be integrat-
“Can law enforcement
policing partnerships actually
brought in financial benefits.
The agency received nearly
$2 million in federal COPS
ed into the ad hoc community agencies really afford to grants, which preserved five
policing partnership. With a cut community-oriented positions slated for layoffs.
call for citizens to step up and policing programs? In addition, the city has
participate in public service found that the department’s
endeavors nationally, now is relationship with the com-
the time for community polic-
ing agencies to use the newly
emerging resource. Agen-
cies like SCPD, struggling to
” munity has allowed for a
more amenable bond mea-
sure environment and greater
support for tax increases
financially support a viable community policing that support public safety. Beyond the financial
program, have found community-law enforcement benefits, officers have experienced a tangible im-
partnerships the most effective way to maintain the provement in their general working relationship
level of service citizens expect. Ultimately, it also with the public. Many officers have found that a
has demonstrated a commitment to the community- simple “thank you” comes more often during their
oriented policing philosophy that has greatly aided day-to-day patrols.
the department in receiving federal grant funds and
insulated the police from local cuts. Mr. Friend is the crime analyst and public information
Preserving community-oriented policing in a officer with the Santa Cruz, California, Police Department.
recession can be accomplished, but it will require Lieutenant Martinez serves with the Santa Cruz, California,
changes to traditional outreach methods. To this Police Department.
end, the authors suggest four steps.

November 2010 / 13
Policing Liquor Establishments
A Holistic Approach small American town of 17,000 resi-
By JOHN L. GRAY
A dents had one of the highest crime
rates in the county. By day, it was
a vibrant cluster of small retail shops with
residents and visitors enjoying the friendly
feeling. At night, however, a different per-
sonality emerged: a climate of street fights,

14 / FBI Law Enforcement Bulletin © Thinkstock.com
open-air drug deals in the involves attacking the loca- misconception. These state
parking lots of bars, impaired tions of crime and disorder. agencies often are underfunded
drivers, property damage from Being proactive early to prevent and have insufficient personnel
vandalism, and minor thefts problems offers the most op- to effectively monitor the vast
had existed for several years. tions for success. To this end, number of licensees. The agents
One bar in a large building the author presents a strategy often can handle only the “big-
had live music and catered to for police executives to con- gest fire” and, therefore, must
patrons in their early 20s. This sider that includes adopting the react to problems.
establishment had fights that right mind-set, knowing who When police departments
often included the bar’s em- is responsible, partnering with adopt the mind-set, from the
ployees nearly every night in other authorities, establishing a executive to the patrol officer,
the parking lot. Rumors of sex- point of contact, agreeing upon that this is our problem and,
ual activities and drug dealing expectations, training business therefore, our responsibility,
constantly surfaced. In another employees, visiting the estab- real and lasting results can
part of town, local residents lishments, and documenting happen quickly. This mind-set
patronized three bars in close service calls. will help form relationships,
proximity to each other known inspire working partnerships,
as the Bermuda Triangle. When The Right Mind-Set and create determination to
told to leave one establishment, The idea that assisting a achieve success. Without this
they would walk to another bar in becoming successful, ad- foundation, everything that
and continue drinking. Police dressing issues of over service, follows will have inconsistent
received numerous complaints or preventing disorder in such and temporary results.
of drug dealing, fights, and establishments belongs exclu-
property damage. sively to the state’s licensing The Responsibility
Nearly every night, all authority on alcoholic beverag- First, police leaders should
of the town’s police officers, es constitutes a common research the state’s laws and
with assistance from state and
county personnel, would go
from one call to another about
alcohol-related crimes, which
depleted resources from other
areas and increased response
times. The town needed a new
approach as the police leader-
“ When police
departments adopt
the mind-set...that
this is our problem
ship and the city’s elected of- and, therefore, our
ficials continued to hear com- responsibility, real
plaints from the community and lasting results can
and crime statistics were not happen quickly.
improving.
THE STRATEGY
One proven method of
making a community safer

Mr. Gray, a retired police chief, is a speaker, trainer, and
author of leadership- and management-related materials.

November 2010 / 15
court findings to determine the overservice and manage prob- prosecutor can seek maximum
responsibilities of the liquor lems. The police department accountability.
establishment. When police should learn about this training Challenging the renewal of
managers know the powers and and participate in it. a license, either by suspend-
responsibilities of the business Most liquor establishments ing or revoking it, is the last
establishment and the state’s will make the required changes regulatory option for govern-
regulating agency, as well as necessary to improve business ment. Similar to terminating an
what tools their own depart- safety and will work with the employee, this proves appropri-
ments have, they will be better police to create observable re- ate when all other courses of
equipped to make an effective sults. For the problem business, assistance, training, and pro-
plan and to engage in a working gressive steps of accountability
partnership. have failed. A huge undertak-


For example, is the business ing, it will require the political
accountable for the behavior of will and financial commitment
customers outside its building Police leaders of the jurisdiction because rami-
and in its parking lot? Who should appoint one fications concerning loss of tax
has the power to immediately supervisory-level revenue or the perception that
suspend the business’ opera- government is “being heavy
tions? Can police officers make
employee as the point handed” against a business
an arrest for a minor misde- of contact on all can occur. The success of the
meanor that did not occur in issues regarding liquor police department in this regard
their presence? establishments.... is based upon the timely and
ongoing sharing of informa-


The Partnerships tion with the elected officials;
Liquor control agents are they need to be kept continually
the experts and an essential re- informed. The process of taking
source in the management of a the police leader can bring in away a problem establishment’s
bar. Many of the state’s licens- more partners who have regula- license may be long and full of
ing agencies have a database tory authority, such as build- obstacles, but, when success-
that provides information that ing inspectors, fire marshals, ful, substantial lasting benefits
can assist the police department health inspectors, public works to the community include
and may include documentation officials for street and parking reduced crime and disorder and
of administrative violations, issues, gambling enforcement the availability of public safety
owners of record, and arrests agents, and state and federal resources for other priorities.
of impaired drivers that came revenue officials.
from the business. Meeting with The police department The Point of Contact
representatives will encourage should enforce codes fairly, Police leaders should ap-
sharing information about a firmly, and impartially. It should point one supervisory-level em-
bar’s problems and its communicate with the prosecut- ployee as the point of contact
successes. ing attorney about the history of on all issues regarding liquor
The licensing agency often problems and the proactive ap- establishments so the business
has resources for training the proaches that did not bring the owners, the licensing agency,
employees of bars to prevent desired compliance because the and the police administration

16 / FBI Law Enforcement Bulletin
© Thinkstock.com

can give and receive informa-
tion. Larger jurisdictions may
have to divide their commu-
nities into areas with several
points of contact.
As the police department’s
watchdog for emerging prob-
lems, the point of contact also
is the face and voice of the
department when dealing with
the business and partnering with
other government organizations.
The value of this approach is
the consistency of information,
care, and communication from
the police that can help keep
issues firmly in focus.
The Expectations
Being proactive means
that the police department’s
point of contact meets with the
owners and managers of liquor
establishments before problems
occur. Generally, owners want
a successful, profit-making
enterprise viewed as an asset to training and assistance to meet it also is preventable, and they
the community and, therefore, the common goal of a crime- may be held accountable for
usually will cooperate with the free community and a safe busi- failing to take appropriate ac-
police department. ness for patrons and employees. tion. The police point of contact
The first step involves deliv- From this meeting, the should describe how the depart-
ering a personal invitation to the police department’s point of ment will conduct proactive
business for a group meeting of contact should schedule indi- bar checks, how it will handle
liquor establishment managers. vidual meetings with the owner problems, and what assistance it
This represents a valuable tool and the business’ management can provide.
because police leaders and own- team to help create the relation- Having an agenda and
ers can get to know each other. ships, address unique issues, distributing the minutes of these
This meeting is about explain- and establish the avenues of meetings will create valuable
ing what the police department communication. The manage- documentation. A written,
can and cannot do, what it ment team members should be formal working agreement
expects from the establishments informed about the principle between the department and
on addressing problems, and that if a crime or disorder is the establishment represents a
what it can offer in the way of predictable in their business, higher level of documentation

November 2010 / 17
that can help hold the business officer at least several times patron sting, often involves a
accountable. a week. male and female couple under-
Officers need to know age by more than 12 months. Of
The Training from the department’s com- course, the department should
Employees cannot be held mand staff the importance of craft a comprehensive policy
accountable for what they do doing this work. Conducting and procedure that meets legal
not know. By helping to train bar checks may cause resis- standards and the current pro-
the wait staff and bartenders tance and noncompliance from fessional practice.
about dealing with problems officers who never have done
and understanding expecta- such duties or fail to see their The Documentation
tions, the police department value. They should be trained A 1-page, check-the-box
can increase the impact of the form for officers to document
every call to a liquor establish-


value of the lessons. After all,
most workers want to be suc- ment creates a climate of fair-
cessful and avoid problems that ness. In addition to a normal
could lead to criminal liability. The immediacy police report, this form includes
This training may pay other of feedback and information as a cross-refer-
benefits as well. For example, accountability between ence. What makes this tool es-
when officers respond to the the business and the pecially useful is that it requires
business for a complaint, the police can prove the officer to determine whether
employees often will be more valuable. or not the business could have
comfortable cooperating and prevented the event. The com-


may provide more information pleted document is distributed
when they have a relationship to the department’s point of
with the department. contact who does a follow-up
on how to conduct patrol checks conversation with the establish-
The Visits of bars, what problems to look ment’s management team.
Knowing that a police for, how to deal with intoxicated The immediacy of feedback
officer likely will stop by persons who are not committing and accountability between
can prevent many problems. a crime, and what solutions and the business and the police can
Defensiveness and skepticism tools they have at their disposal. prove valuable. For example,
often diminish when these The department should in- when a liquor license is up for
visits are not a surprise. These form liquor establishments that renewal or is being challenged,
checks are intended to see undercover operations also will these documents and the depart-
whether employees are using occur throughout the year at dif- ment’s case reports become
the training that they received, ferent times. It should consider the evidence to present at the
to communicate to potential adopting the practice of making administrative hearing. Also,
problem patrons that the police immediate custodial arrests for reliable data on liquor establish-
are available to take action, and employees who commit crimes ments within the jurisdiction
to deepen the communication because these have a chilling helps to ascertain if perceptions
relationship with the depart- effect on establishments that are accurate. Wise leaders
ment. A worthy goal is to have allow crime to happen. One ef- will listen carefully to their
every bar visited by a patrol fective operation, the underage employees for the reasons

18 / FBI Law Enforcement Bulletin
behind their judgments but will became the point of contact for Within 2 years, two of the
use sound data before making a all information and conversa- Bermuda Triangle bars had
decision to target any location tion with the businesses. changed ownership or man-
of crime for extra attention. An order, backed up by agement, and their operations
training, was given to all the improved. The ultimate result
CONCLUSION patrol teams, and the frequency of the new approach was that
For the town in the opening of routine checks increased. The the city’s crime rate dropped
scenario, change occurred when department started undercover by 25 percent. The sales tax
the police department decided operations, and one resulted in revenue lost by the closure of
to own the problem. Conversa- 18 arrests on one night alone. several bars was offset by the
tions began with the state liquor The media accompanied officers reduced costs of jail and court
control agents and the business and publicized the businesses costs and rebounded within 12
owners, and a police lieutenant where arrests occurred. months.

Bulletin Honors

Contra Costa County, California
The Contra Costa County Peace Officers Monument
is located in Martinez, California. Rather than honoring
fallen officers, it recognizes all peace officers past, pres-
ent, and future who dedicate their professional lives to
serving citizens and making communities safe. It was
unveiled during National Police Week in May 2002.
The circle of badges and shields, placed in the order
in which each agency was established, at the statue base
signify both the perpetual unity and equality of each po-
lice agency in Contra Costa County. The bronze statue
features a peace officer standing next to a little boy. It
represents service, respect, and community, which form
the foundation of a successful partnership between law
enforcement and those served.

November 2010 / 19
Leadership Spotlight

Lessons from the Living Room

W e all recognize that the leaders of
the future are the children of today.
We also see how our childhoods differ from
My sons have favorites. “A wise leader
knows when to follow.” “Great leaders in-
spire greatness in others.” Interestingly, both
those of our kids. Our children face constant also selected this quote: “The first step to
stimulus from the Internet, cable television, correcting a mistake is patience.” They said
and gaming systems. Their generation prefers that every episode features someone making
to communicate via text, e-mail, or a social a mistake while trying to do something good.
networking Web site. All of these modern I have taught them not to fear mistakes or
conveniences failures for,
seem to sug- if they do,
gest that the they will
resulting void never have
in face-to-face the oppor-
communica- tunity to
tion threatens the ability of our children to succeed. In the series, characters discuss
lead later in life. It is our responsibility to and address mistakes. The individuals do not
discover ways to enrich these skills while face ridicule or severe discipline. Instead,
recognizing that we live in an ever-changing they are given the opportunity to develop
world. and grow, much like I hope these simple
My sons are captivated by the Star Wars: discussions will help my boys grow.
The Clone Wars series. Every Friday, it is piz- These simple quotes and lessons reso-
za night on the living room floor as they pre- nate with my family and, more important,
pare for the next battle between the Republic provide an opportunity to engage each other
(the good guys) and the Separatists (the bad in active dialogue. They also may resonate
guys). Each episode begins with a quote that with your officers. Taking the time to engage
vanishes into space. Our family does some- them in dialogue, maintain their interest,
thing that differs, perhaps, from others. We build their trust, and give them an oppor-
discuss the meaning of the quote, not only as tunity to develop and grow always prove
it relates to the episode but to real life. worthwhile.

Special Agent Art Gonzales of the FBI Leadership Development Unit at the FBI Academy prepared this
Leadership Spotlight.

20 / FBI Law Enforcement Bulletin
Legal Digest

Supreme Court Cases
2009-2010 Term
By LISA A. BAKER, J.D.

© Thinkstock.com

n the most recent term, governing when law enforce- well-being of occupants inside.

I the U.S. Supreme Court
decided several cases of in-
terest to law enforcement. Three
ment may initiate contact with
a subject who previously has
invoked the Miranda right to
The Supreme Court also ad-
dressed the reasonableness of
a search conducted by a police
addressed legal issues impli- counsel; 2) what will constitute department targeting an offi-
cated in the taking of statements a waiver of the Miranda right cer’s department-issued pager,
in criminal investigations. In to silence; and 3) what must be the constitutionality of a civ-
these cases, the Supreme Court conveyed to a subject to satisfy il commitment statute allowing
provided additional clarifica- Miranda.1 for the continued commitment
tion and guidance concerning Another case considered the of federal inmates determined
the long-standing requirements constitutionality of a warrant- to be sexually dangerous, and
set forth in Miranda v. Arizona, less entry into a residence due whether the Second Amend-
including 1) the circumstances to concerns about the safety and ment applies to states.

November 2010 / 21
This article provides a brief his Miranda rights, attempted claim that his statement still
synopsis of these cases. As al- to interrogate him. The subject should be suppressed because
ways, law enforcement agencies largely remained silent; then, he never adequately waived his
must ensure that their own state about 2 hours and 45 minutes right to silence. At first blush,
laws and constitutions have not into the interrogation, a detec- this argument appears to have
provided greater protections tive asked if he believed in God, merit in light of the language in
than the U.S. constitutional which the subject indicated he the original Miranda opinion
standards. did. The detective then asked, emphasizing the heavy burden
“Do you pray for God to for- imposed on the government to
DECIDED CASES give you for shooting down that demonstrate that a valid waiver
boy?” The subject responded, was obtained and that “a valid
Berghuis v. Thompkins, “yes.”2 Authorities sought to use waiver will not be presumed
130 S. Ct. 2250 (2010) this admission against him. The simply from the silence of the
In this case, the Supreme lower courts allowed the state- accused after warnings are
Court addressed the impact that ment to be used, but the Sixth given or simply from the fact
silence has on attempts to inter- Circuit Court of Appeals ruled that a confession was in fact
rogate an in-custody subject and in favor of the defendant.3 The eventually obtained.”6 However,
whether officers could proceed Supreme Court reversed this the Supreme Court has clarified
with a custodial interview in the decision and found no Miranda its position in post-Miranda
absence of an explicit waiver violation.4 cases, emphasizing that Miran-
of Miranda rights. The subject The Supreme Court ex- da is designed to ensure that
in this case was arrested for his plained that the subject’s mere the subject is advised of and
involvement in a murder, and silence in the face of question- understands certain rights and
detectives, after advising him of ing was not a clear and unam- that, if invoked, these rights
biguous invocation of his right are safeguarded.7 In Berghuis,
to remain silent. Previously, the the Court held that “Where
Court had ruled that to effec- the prosecution shows that a
tively invoke the Miranda right Miranda warning was given and
to counsel, a subject must do so that it was understood by the ac-
clearly and unambiguously.5 In cused, an accused’s uncoerced
Berghuis, the Court acknowl- statement establishes an implied
edged that there was no reason waiver of the right to remain
to apply different standards, silent.”8 By responding to the
depending on whether the sub- detective’s question, the suspect
ject invokes the Miranda right demonstrated a willingness to
to counsel or right to silence. waive his right to silence.
Accordingly, the invocation of The Supreme Court also re-
either the right to silence or the jected the defendant’s argument
right to counsel must be clear that even if he provided a valid
Special Agent Baker is chief and unambiguous to be waiver, the detectives were not
of the Legal Instruction Unit
at the FBI Academy.
effective. permitted to question him until
The Supreme Court also they obtained the waiver first.
considered the defendant’s The Court noted that there are

22 / FBI Law Enforcement Bulletin
practical reasons why a waiver further police-initiated interro- subject regarding allegations
should not be required for an gation without the presence of that he sexually abused his
interrogation to begin as the counsel. Edwards creates a pre- 3-year-old son. Shatzer initially
interrogation can provide the sumption that once in-custo- waived his rights, believing that
subject with additional informa- dy subjects invoke their right to the detective was there to talk
tion to help the subject decide counsel, any subsequent waiv- with him about why he was in
whether to invoke or to talk er of Miranda rights prompt- prison, but, upon realizing the
with law enforcement. As stated ed by police-initiated inter- detective was there to talk about
by the Court, “As questioning rogation is itself the result of the new allegation, Shatzer
commences and then continues, improper police coercion and, declined to speak without his
the suspect has the opportunity thus, not voluntary.14 The Mary- attorney present. Shatzer was
to consider the choices he or land v. Shatzer case presented returned to the general prison
she faces and to make a more an opportunity to clarify at what population. Nearly 2 ½ years
informed decision, either to in- point the Miranda-Edwards pro- later and after developing new
sist on silence or to cooperate.”9 tection would be lifted, permit- evidence, another detective
Miranda is satisfied “if a sus- ting police-initiated interrogation went to the prison to talk with
pect receives adequate Miranda following an invocation of the Shatzer about the allegations
warnings, understands them, Miranda right to counsel. that he molested his son. The
and has an opportunity to In Shatzer, the defendant was detective advised him of his
invoke the rights before giving serving a sentence stemming Miranda rights, and, this time,
any answers or admissions.”10 from a child sexual abuse pros- Shatzer waived his rights in
Accordingly, “after giving a ecution. A detective attempted writing. Subsequently, Shatzer
Miranda warning, police may to interview the incarcerated made incriminating statements.
interrogate a suspect who has
neither invoked nor waived his
or her Miranda rights.”11
Maryland v. Shatzer,
130 S. Ct. 1213 (2010)
In Maryland v. Shatzer, the
Court ruled on the legal signifi-
cance and definition of a break
in custody within the context
of the Fifth Amendment privi-
lege against self-incrimination.12
Post-Miranda cases expanded
on the protections afforded an
in-custody subject. In Edwards
v. Arizona,13 the Supreme Court
ruled that once defendants in-
voke their Miranda right to
counsel, any interrogation must
cease, and there can be no © Thinkstock.com

November 2010 / 23
He later was charged with vari- to counsel for 14 days from with him.18 Thus, the waiver
ous sexual abuse charges and his release from custody. Ac- obtained from Shatzer was not
sought to have the statements he cording to the Court, 14 days the product of coercion, and his
provided suppressed. gives “plenty of time for the statements were admissible.
Shatzer argued that because suspect to get reacliminated to
he remained in continuous his normal life, consult with Florida v. Powell,
custody following his invo- friends and counsel, and shake 130 S. Ct. 1195 (2010)
cation of his Miranda right off any residual coercive effects In this case, the Supreme
to counsel, law enforcement of prior custody.”17 Court addressed the adequacy
could not initiate any contact Applying this principle to of Miranda warnings contained
with him while he remained in Shatzer who was incarcerated, within standard advice-of-rights
custody and that any waiver of as opposed to pretrial deten- forms used by the Tampa, Flor-
his Miranda rights provided at tion, the traditional freedom-of- ida, Police Department (TPD).
the request of law enforcement movement test does not resolve The defendant alleged that the
was not valid. The trial court the issue of custody. The Court form insufficiently advised him
disagreed with Shatzer’s asser- distinguished between incar- of his right to have counsel
tion, concluding that given the ceration in the general prison present during an interrogation.
passage of time, a sufficient population and pretrial deten- In Miranda, the Supreme Court
break in custody occurred, tion and found that there was a held that prior to custodial
permitting detectives to reiniti- sufficient break in custody (over interrogation, a defendant must
ate contact with Shatzer despite 14 days) following Shatzer’s be advised that he has, among
his continued incarceration.15 initial interrogation until the other rights, “the right to con-
The Maryland Court of Appeals detective reinitiated contact sult with a lawyer and to have
reversed the trial court’s ruling, the lawyer with him during
holding that the passage of time interrogation.”19 The TPD form
alone will not suffice to create did not expressly state this, but,
a break in custody for purpose rather, advised the defendant of
of the Miranda-Edwards rule.16 his right to talk with an attorney
The Supreme Court agreed to before answering any questions
hear the case to clarify what and that he could invoke this
will constitute a sufficient break right “at any time...during the
in custody and the impact of interview.”20
incarceration on the Miranda- The Florida Supreme Court
Edwards protection. concluded that the form did not
The Supreme Court ruled satisfy the mandate of Miran-
that a break in custody alone da.21 The U.S. Supreme Court
will not end the Miranda- reversed, holding that the form
Edwards protection. The Court communicated the essential
instead called for a “cooling message of Miranda despite the
off” period, prohibiting law lack of adherence to its precise
enforcement from attempting to language. The Supreme Court
interview a subject who previ- again refused to require rigid
ously invoked his Miranda right © Photos.com compliance to precise language,

24 / FBI Law Enforcement Bulletin
instead focusing on whether, the front door partially open and while there was some indication
taken as a whole, the language saw Fisher pointing a gun in his of a possible injury, “the mere
adequately communicated to direction. Eventually, the of- drops of blood did not signal a
the defendant that he had the ficers gained control over Fisher likely serious, life-threatening
opportunity to consult with and secured the premises. injury.”26 The Michigan Su-
counsel during the interview.22 Fisher was charged with as- preme Court agreed to hear
The defendant was advised of sault with a dangerous weapon the case, but, after hearing oral
his right to consult with counsel and possessing a weapon during arguments, vacated its order and
before answering any questions the commission of a felony.24 let the lower court ruling stand.
and that he could invoke this The trial court granted Fisher’s The Supreme Court re-
right during the interrogation. motion to suppress the gun, versed, concluding that the state
The Supreme Court stated, “in agreeing with him that it was courts rulings were inconsis-
combination, the two warnings © Thinkstock.com
tent with its long line of cases
reasonably conveyed [the] right interpreting the Fourth Amend-
to have an attorney present, not ment in the context of exigent
only at the outset of interroga- circumstances, particularly the
tion, but at all times.”23 Court’s recent ruling in Brigham
City v. Stuart.27 In Brigham
Michigan v. Fisher, City, the Supreme Court rec-
130 S. Ct. 546 (2009) ognized the need for law en-
Police officers responded to forcement to make warrantless
a disturbance call, and, as they intrusions into a person’s home
approached the area, a couple “to render emergency assistance
directed them to a residence to an injured occupant or to
where they said a man was “go- protect an occupant from im-
ing crazy.” The officers con- minent injury.”28 In considering
tinued to the home and found the reasonableness of the entry,
property damaged, as well as the officer’s subjective motiva-
drops of blood on the hood of tion behind the entry—what did
a pickup truck parked in front, the officer really want to look
clothes sitting inside of it, and for—and the seriousness of
one of the doors leading into the the crime for which they were
house. Through a window, they seized in violation of his Fourth originally investigating are not
could see Jeremy Fisher inside Amendment rights. This was relevant. The relevant consider-
the house, yelling and throwing upheld by the Michigan Court ation is whether the officer has
objects. of Appeals after it concluded an “objectively reasonable basis
The officers knocked on the that the warrantless entry violat- for believing that a person is in
door, but Fisher refused to an- ed Fisher’s Fourth Amendment need of aid.”29
swer. He also ignored their in- rights as the situation “did not Applying this standard to
quiries as to whether he needed rise to the level of an emergency the facts of the case, the Court
medical attention and directed justifying the warrantless intru- found ample support for ap-
them to get a search warrant. sion into a residence.”25 The plication of the emergency aid
One of the officers then pushed court continued by noting that exception, stating, “Officers

November 2010 / 25
specific number of characters.
For several billing cycles, the
officer exceeded his allotted
character limit. His supervi-
sor informed him that while he
could review the messages, he
would refrain from doing as
long as the officer paid for the
excess charges. After several
months of exceeding the charac-
ter limit, management decided
to review the messages to deter-
mine the necessity of a contract
modification. The service pro-
vider supplied transcripts of the
© Photos.com
messages, which, with respect
to Officer Quon, were found to
do not need ironclad proof of a department’s review of text contain numerous nonwork-re-
likely serious, life-threatening messages sent to and from his lated, inappropriate messages.34
injury to invoke the emergency department-issued pager vio- The Supreme Court re-
aid exception.”30 The Court lated his Fourth Amendment frained from addressing the
concluded by stating: rights. The Ninth Circuit Court issue of whether the officer had
It does not meet the needs of Appeals concluded that the an expectation of privacy in the
of law enforcement or the officer maintained an expecta- messages sent to and from the
demands of public safety to tion of privacy in the contents pager. The Court noted that the
require officers to walk away of the pager and that the review department made it clear that
from a situation like the one of the messages constituted the pager was considered within
they encountered here. Only an unreasonable search.32 The the scope of the computer use
when an apparent threat has Supreme Court agreed to hear policy. However, it recognized
become an actual harm can the case. that whether an expectation of
officers rule out innocuous The pager at issue was privacy existed was uncertain
explanations for ominous provided to the officer by the given the impact of statements
circumstances. But ‘[t]he role department to facilitate com- by the officer’s supervisor that
of a peace officer includes munication among SWAT team he did not intend to review the
preventing violence and members. The agency had a pager’s messages as long as the
restoring order, not simply “Computer Usage, Internet and officer paid the overage. The
rendering aid to casualties.’31 E-Mail Policy” that did not spe- Supreme Court stated:
cifically include pagers, but the Prudence counsels caution
City of Ontario v. Quon, department made it clear to em- before the facts in the instant
130 S. Ct. 2619 (2010) ployees that it would treat text case are used to establish far-
A police officer sued his messages the same as e-mails.33 reaching premises that define
agency and the city he worked The department’s contract with the existence, and extent, of
for on the grounds that the the service provider covered a privacy expectations enjoyed

26 / FBI Law Enforcement Bulletin
by employees when using the powers vested to the federal and contained an insufficient
employer-provided communi- government by the Constitution. legal standard asserting this
cation devices.35 The statute at issue passed type of action required proof
The Supreme Court in- as part of the Adam Walsh beyond a reasonable doubt. In
stead based its holding on the Child Protection and Safety Act addition, they asserted that it
reasonableness of the search, and codified at Title 18, U.S. exceeded Congress’ authority
assuming there was an expecta- Code, section 4248 and allows under the Commerce Clause.39
tion of privacy in the contents a federal district court to order The district court agreed with
of the pager. Applying the at the government’s request the the challengers’ contentions.40
long-standing workplace search civil commitment of an inmate On appeal, the Fourth Circuit
principles set forth in O’Connor determined to be sexually dan- Court of Appeals declined to
v. Ortega,36 the Court concluded gerous.38 The inmate is afforded address the standard-of-proof
that the review of the text mes- a hearing in which the govern- question, instead agreeing that
sages was reasonable in light of ment must support the claim by the statute exceeded congres-
the work-related, noninvestiga- presenting clear and convincing sional authority.41 The govern-
tory purpose—to determine the evidence. ment sought Supreme Court
adequacy of the contract with Inmates targeted by this review.42
the service provider—and that statute challenged its con- The Supreme Court reject-
it was conducted in a reason- stitutionality on a number ed the Commerce Clause chal-
able manner. The Court saw the of grounds, including that it lenge to the statute, holding
review of the transcripts as “an amounted to a criminal, not that the Constitution provides
efficient and expedient way to civil, action, thus violating Congress with ample authority
determine whether Quon’s the Double Jeopardy Clause, to enact the civil commitment
overages were the result of
work-related messaging or
personal use” and not overly
intrusive.37
United States v. Comstock,
130 S. Ct. 1949 (2010)
Federal inmates challenged
the constitutionality of a fed-
eral civil-commitment statute
authorizing the U.S. govern-
ment to detain a federal inmate
certified as sexually dangerous
beyond the time the individual
otherwise would be released.
The Supreme Court concluded
that the statute is consistent
with Congress’ authority to
enact laws that are “necessary
and proper” for carrying out
© Photos.com

November 2010 / 27
statute at issue.43 The Court McDonald v. City of Chicago, CASES FOR NEXT TERM
concluded that consistent with 130 S. Ct. 3020 (2010) Several cases of interest to
congressional authority un- In this case, the Supreme the law enforcement commu-
der the Commerce Clause, the Court ruled that the Second nity are already scheduled to be
statute is “rationally related Amendment right to keep and heard by the Supreme Court.
to the implementation of a bear arms for the purpose of These include the five presented
constitutionally enumerated self-defense applies not only to here.
power.”44 The Court refer- the federal government, as de-
enced the inherent authority termined by District of Colum- Thompson v. Connick, 578
Congress has with respect to bia v. Heller,47 but to the states F.3d 293 (5th Cir. 2009), cert.
matters relating to the han- under the Due Process Clause granted, Connick v. Thompson,
dling of federal prisoners, in- of the Fourteenth Amendment. 130 S. Ct. 1880 (2010)
cluding decisions pertaining to In reaching this decision, the In a lawsuit brought against
the provision of mental health Court concluded that the right the New Orleans District Attor-
care and the need to act to pro- to bear arms for self-defense ney’s Office, a former criminal
tect the public from the dan- is “fundamental to our scheme defendant sued and was award-
gers these prisoners may pose, of ordered liberty” and “deeply ed 14 million dollars after a jury
and concluded that the statute rooted” in this nation’s histo- determined that the prosecutor’s
in question is rationally related ry.48 Consistent with Heller, office failed to adequately train
to Congress’ authority.45 In ad- the Court emphasized that this the prosecutor in the handling
dition, the Court rejected the right is not absolute and that the of exculpatory evidence. The
argument that the statute vio- holding “does not imperil every Supreme Court will consider
lated the Tenth Amendment to law regulating firearms.”49 whether liability imposed on the
the Constitution, which states: D.A.’s office for failing to train
“The powers not delegated to the prosecutor in a single case
the United States by the Con- is contrary to the traditional
stitution, nor prohibited by it strict culpability standards by
to the States, are reserved to the Court in Canton v. Harris50
the States respectively, or to and Board of Commissioners of
the people.” Finding that the Bryan County v. Brown.51
statute is within the scope of
congressional authority, this People v. Bryant, 768 N.W.2d
area, thus, is not within those 65 (2009), cert. granted, Michi-
matters “not delegated to the gan v. Bryant, 130 S. Ct. 1685
United States.” Further, the (2010)
statute takes into account the The Supreme Court again
interests of the states by re- will address the parameters of
quiring coordination with the the accused’s Sixth Amend-
state in which the prisoner is ment right to confront witnesses
domiciled or tried and encour- against him in a case involving
ages the state to assume cus- statements made by a victim
tody of the individual.46 shortly after a shooting. The
© Photos.com

28 / FBI Law Enforcement Bulletin
defendant was prosecuted for Civil Rights Act.54 For the next Sixth Circuit Court of Appeals
shooting the victim, who died term, the Supreme Court has dismissed his suit, finding that
shortly after being shot and after agreed to hear another retalia- he did not engage in a protected
telling the police that it was the tion case to address who may activity and rejecting a theory
defendant who shot him. The claim retaliation within the of associational retaliation.
Michigan Supreme Court held meaning of the statute. The
that the statements made by the Court will consider whether the Snyder v. Phelps, 580 F.3d 206,
victim were testimonial in na- Sixth Circuit Court of Appeals cert. granted, 130 S. Ct. 1737
ture within the Supreme Court’s was correct in ruling that the (2010)
rulings in Crawford v. Washing- statute requires a party claim- This case stems from pro-
ton52 and Davis v. Washington53 ing retaliation to have actually test activity by members of the
and, thus, could not be used been engaged in a protected Westboro Baptist Church at the
against him in his trial given he activity within the meaning of funeral of a soldier killed in
could not confront the witness combat. This group contends
against him. © Thinkstock.com that the deaths of U.S. soldiers
are punishment for this coun-
Staub v. Proctor Hospital, 560 try’s tolerance of homosexual-
F.3d 647 (7th Cir. 2009), cert. ity and presence of gays in the
granted, 130 S. Ct. 2089 (2010) military. The father sued for
This case explores the scope the pain the protest activity at
of liability under the Uniform his son’s funeral caused him. A
Services Employment and federal judge awarded the father
Reemployment Rights Act. The 5 million dollars. The Supreme
Court will consider whether a Court will consider whether a
supervisor’s discriminatory ani- private individual is permitted
mus against an employee’s mili- state protection from this type
tary service should be imputed of activity and the scope of the
to the employer, even if that First Amendment protection
supervisor is not the ultimate afforded.
decision maker with respect to Endnotes
the employment action taken 1
Miranda v. Arizona, 384 U.S. 436
against the employee claiming (1966). In Miranda, the Supreme Court
created a set of procedural safeguards that
discrimination. must be provided to a suspect once in cus-
the statute. This would require tody and prior to engaging in interrogation
Thompson v. North American a showing that the person either to protect the Fifth Amendment privilege
Stainless LP, 567 F.3d 804 (6th complained of discrimination against compelled self-incrimination.
Cir. 2009), cert. granted, 130 S. or opposed the employer’s 2
Berghuis v. Thompkins, 130 S. Ct.
Ct. 3542 (2010) discriminatory practices. In 2250 (2010).
3
Thompkins v. Berghuis, 547 F.3d 572
In recent terms, the Supreme this case, an employee com- (6th Cir. 2008).
Court has taken a number of plained of discrimination, and, 4
For a more thorough discussion of the
cases to clarify what constitutes 3 weeks later, her fiancé was Berghuis decision see Jonathan L. Rudd,
unlawful retaliation within the fired. The fiancé filed his own “You Have to Speak Up to Remain Silent:
The Supreme Court Revisits the Miranda
meaning of Title VII of the action alleging retaliation. The

November 2010 / 29
17 25
Right to Silence,” FBI Law Enforcement Maryland v. Shatzer, 130 S. Ct. 1213, Fisher at 548, quoting Docket No.
Bulletin, September 2010, 25-30. 1223 (2010). 276439, 2008 WL 786515 at 2 (Mich.App.
5 18
Davis v. United States, 512 U.S. 452 The Supreme Court distinguished 2008).
26
(1994). between incarceration and pretrial deten- Id at 549.
6 27
Miranda at 475. tion, noting that coercive pressure exists in 547 U.S. 398, 126 S. Ct. 1943 (2006).
7 28
See Colorado v. Connelly, 479 U.S. the context of pretrial detention as subjects 130 S.Ct. at 548, quoting Brigham
157 (1986); North Carolina v. Butler, 441 may be focused on what impact their City v. Stuart, 547 U.S. 398 at 403 (2006).
29
U.S. 369 (1979). cooperation has on a pending prosecution. Id., quoting Brigham City at 406.
8
Berghuis at 2262. This is in contrast to incarceration where See also Mincey v. Arizona, 437 U.S. 385
9
Id. at 2264. subjects are not influenced by these coer- (1978).
10 30
Id. at 2263. cive pressures and when interaction with Id. at 549 (internal quotation marks
11
Id. at 2264 law enforcement is over they are returned omitted).
12 31
For a more thorough discussion of to the general prison population where Id. at 549, quoting Brigham City at
the Shatzer decision see Kenneth A. they live in “their accustomed surround- 406.
32
Myers, “Miranda Update: Fifth Amend- ings and daily routine [where] they regain Quon v. Arch Wireless Operating Co.,
ment Protection and Break in Custody,” the degree of control they once had over Inc, 529 F.3d 892 (9th Cir. 2008).
33
FBI Law Enforcement Bulletin, May 2010, their lives.” Shatzer at 1224. See City of Ontario v. Quon, 130 S.
19
26-32. Miranda at 471. Ct. 2619, 2625 (2010).
13 20 34
451 U.S. 477 (1981); Minnick v. Florida v. Powell, 130 S. Ct. 1195, Id. at 2627. For example, during the
Mississippi, 498 U.S. 146 (1990). 1199-1200 (2010). month of August 2002, the officer sent or
14 21
Arizona v. Roberson, 486 U.S. 675 State v. Powell, 998 So.2d 531 received 456 messages during work hours,
(1988). (2008). of which 57 were work related.
15 22 35
Maryland v. Shatzer, 130 S. Ct. 1213, See California v. Prysock, 453 U.S. Id. at 2629.
36
1218 (2010), referring to the trial court’s 355 (1981); Duckworth v. Eagan, 492 U.S. 480 U.S. 709, 107 S. Ct. 1492 (1987).
37
opinion at No. 21-K-06-37799 (Cir. Ct. 195 (1989). Id. at 2631, rejecting the Ninth
23
Washington City, Md., Sept. 14, 2006). Powell at 1205. Circuit Court of Appeal’s holding that
16 24
Shatzer v. State, 405 Md. 585, 954 Michigan v. Fisher, 130 S. Ct. 546 the department had to choose the least
A.2d 1118 (Md. 2008). (2009). intrusive method to conduct this review
to satisfy reasonableness, stating, “Even
© Photos.com assuming there were ways that [the depart-
ment] could have performed the search
that would have been less intrusive, it does
not follow that the search as conducted
was unreasonable.” Id. at 2632.
38
Adam Walsh Child Protection and
Safety Act of 2006, Pub.L. No. 109-248,
120 Stat. 587 (2006).
39
130 S. Ct. 1949, 1955 (2010).
40
United States v. Comstock, 507
F.Supp.2d 522 (E.D.NC. 2007).
41
United States v. Comstock, 551 F.3d
274 (2009).
42
Subsequently, two other federal
circuits considered the legislative authority
issue, resolving the issue in favor of the
government, thus creating a split of opin-
ion on the issue. See United States v.
Volungus, 595 F.3d 1 (1st Cir. 2010);
United States v. Tom, 565 F.3d 497 (8th
Cir. 2009).
43
In rejecting the Commerce Clause
challenge, the Supreme Court drew upon

30 / FBI Law Enforcement Bulletin
a long line of judicial interpretation of the constitutional challenges to the statute, laws forbidding the carrying of firearms
powers vested in Congress, stating: instead remanding the case to the lower in sensitive places such as schools and
Nearly 200 years ago, this Court courts where the challengers may pursue government buildings, or laws impos-
stated that the Federal “Government these claims. The Supreme Court previ- ing conditions and qualifications on the
is acknowledged by all to be one of ously addressed the constitutionality of a commercial sale of arms.” Heller, at
enumerated powers,” which means state statute addressing sexual predators 2816-2817.
50
“[e]very law enacted by Congress and creating a civil-commitment scheme 489 U.S. 658 (1978).
51
must be based on one or more of ” in Kansas v. Hendricks, 521 U.S. 346, 117 520 U.S. 397, 117 S. Ct. 1382
those powers. But, at the same time, S. Ct. 2072 (1997). In this case, the Court (1997).
52
“a government, entrusted with such” rejected constitutional challenges to the 541 U.S. 36, 124 S. Ct. 1354 (2004).
53
powers “must also be entrusted with civil-commitment provision, holding that 547 U.S. 813, 126 S. Ct. 2266
ample means for their execution.... it did not create criminal proceedings and (2006).
54
Let the end be legitimate, let it be that involuntary commitment as provided See Crawford v. Metropolitan
within the scope of the constitution, for in the statute was not punitive, thus Government of Nashville and Davidson
and all means which are appropriate, allowing for a less-than-reasonable-doubt County, 129 S. Ct. 846 (2009); Burling-
which are plainly adapted to that end, legal standard. Whether the civil-com- ton Northern & Santa Fe Railway Co. v.
which are not prohibited, but consist mitment scheme established by section White,126 S. Ct. 2405 (2006).
with the letter and spirit of the consti- 4248, largely modeled after the provision
tution are constitutional.” challenged in the Hendricks case, survives Law enforcement officers of other than
United States v. Comstock, 130 S. Ct. further judicial scrutiny remains to be seen. federal jurisdiction who are interested
47
1949, 1956, quoting McCulloch v. Mary- 554 U.S. _, 128 S. Ct. 2783 (2008). in this article should consult their legal
48
land, 4 Wheat., 316, 405-408, 421 (1819). 130 S. Ct. 3036. advisors. Some police procedures ruled
44 49
Comstock at 1956. Id. at 3047. Describing appropriate permissible under federal constitutional
45
Id. at 1958-1961. areas of regulation, the Court in Heller rec- law are of questionable legality under
46
130 S. Ct. 1962. The Supreme Court ognized, “prohibitions on the possession of state law or are not permitted at all.
explicitly declined to address any other firearms by felons and the mentally ill,...

Wanted:
Notable Speeches

he FBI Law Enforcement Bulletin seeks transcripts of presentations made by criminal
T justice professionals for its Notable Speech department. Anyone who has delivered a
speech recently and would like to share the information with a wider audience may submit a
transcript of the presentation to the Bulletin for consideration.
As with article submissions, the Bulletin staff will edit the speech for length and clarity,
but, realizing that the information was presented orally, maintain as much of the original
flavor as possible. Presenters should submit their transcripts typed and double-spaced on
8 ½- by 11-inch white paper with all pages numbered, along with an electronic version of the
transcript saved on computer disk, or e-mail them. Send the material to: Editor, FBI Law En-
forcement Bulletin, FBI Academy, Outreach and Communications Unit, Quantico, VA 22135,
or to leb@fbiacademy.edu.

November 2010 / 31
Bulletin Report

Gang Survey
Highlights of the 2006 National Youth Gang Survey is an Office of Juvenile Justice and
Delinquency Prevention (OJJDP) Fact Sheet that reports findings from the research. Since
1995, the National Youth Gang Center (NYGC) has conducted this annual survey of law
enforcement agencies across the United States regarding the presence and characteristics of
local gang problems. Selected in 2002, the current nationally representative sample includes
all police organizations that serve cities with populations of 50,000 or more and all suburban
county police and sheriff’s departments, along with a randomly selected sample of police
agencies in smaller cities (between 2,500 and 49,999 population) and rural county police and
sheriff’s departments. For the 2006 survey, 86 percent (2,199) of the 2,551 survey recipients
responded. NYGC asked participants to report information solely for youth gangs, defined as
“a group of youths or young adults in your jurisdiction that you or other responsible persons
in your agency or community are willing to identify as a ‘gang.’”
Survey results indicated that approximately 785,000 gang members and 26,500 gangs
were active in this country in 2006. The survey asked respondents to indicate factors influ-
encing gang-related violence. Over half of the agencies reported conflict between gangs and
drug-related issues as directly affecting levels of gang-related violence. Respondents advised
of gang-member migration across U.S. jurisdiction, emergence of new gangs, and the return
of gang members from secure confinement as somewhat impacting this type of violence and
conflict within a gang and gang-member migration from outside the country as infrequently
influencing such criminal behavior. The OJJDP Fact Sheet (FS 200805) is available at the
National Criminal Justice Reference Service’s Web site at http://www.ncjrs.org.

32 / FBI Law Enforcement Bulletin
Bulletin Notes
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
those situations that transcend the normal rigors of the law enforcement profession.

Deputies Travis Sturgill and Marc Vieth of the Hall
County, Nebraska, Sheriff’s Office were transport-
ing a prisoner and observed a van ahead of them go
into the median and spin to a halt. Deputies Sturgill
and Vieth stopped to render assistance. While Deputy
Vieth remained with the prisoner, Deputy Sturgill ap-
proached the van and observed two men fighting in the
front. Upon opening the right-side door, he discovered
that the passenger was a prisoner who had taken the
Deputy Sturgill Deputy Vieth transporting officer’s handgun. While the officer was
struggling to regain control of the firearm, the prisoner
had it pointed at his own head. Immediately, Deputy Sturgill entered the vehicle, secured the
handgun, and assisted the officer in regaining control of the prisoner, who was transported to a
hospital on an emergency mental health hold.

Senior Police Officers Harrison Daniel and James
Moss of the Athens-Clarke County, Georgia, Depart-
ment of Police Services responded to an accident in
which a vehicle struck a tree and caught fire with two
occupants trapped inside. The passenger did not sur-
vive. Quickly, the officers began working to free the
driver, who was trapped with his legs on fire. As Offi-
cers Daniel and Moss worked furiously to free him, the
driver said, “It’s my time to go.” However, the officers
Officer Daniel Officer Moss insisted that they would not give up. They calmed the
victim as they continued to fight the fire and stop it
from spreading, sustaining injuries in the process, even as it showed signs of exploding. Eventu-
ally, the fire department arrived and helped
extinguish the fire and release the driver.
Nominations for the Bulletin Notes should be based
on either the rescue of one or more citizens or arrest(s)
made at unusual risk to an officer’s safety. Submissions
should include a short write-up (maximum of 250 words),
a separate photograph of each nominee, and a letter
from the department’s ranking officer endorsing the
nomination. Submissions can be mailed to the Editor,
FBI Law Enforcement Bulletin, FBI Academy, Outreach
and Communications Unit, Quantico, VA 22135 or
e-mailed to leb@fbiacademy.edu.
U.S. Department of Justice Periodicals
Federal Bureau of Investigation Postage and Fees Paid
Federal Bureau of Investigation
FBI Law Enforcement Bulletin ISSN 0014-5688
935 Pennsylvania Avenue, N.W.
Washington, DC 20535-0001

Official Business
Penalty for Private Use $300

Patch Call

The Payson, Arizona, Police Department’s Sectioned into four unique squares, the patch
patch depicts an elk against the pine tree-covered of the Toccoa, Georgia, Police Department patch
skyline of the Mogollon Rim, a stunning geo- represents the city, state, and nation that the agency
graphical wonder that stretches for 200 miles protects. The green and white “T” graphic displays
across central Arizona. A place of abundant wild- the city logo; its shape mimics the picturesque Toc-
life and a plethora of outdoor activities, Payson coa Falls illustrated in the bottom left section of the
sits in the heart of the Rim, which attracts visi- patch. The bottom right depicts another Georgian
tors from all over the world to see its panoramic geographical wonder, the Currahee Mountain,
views. named for the Cherokee word for “stand alone.”